Pubdate: Tue, 29 Sep 1998 Source: Philadelphia Daily News Website: http://www.phillynews.com/ Contact: The Daily News, 400 N. Broad Street, Philadelphia, PA 19101 Author: Rob Laymon For the Daily News POTSHOTS TAKEN AT POT PARTY BALLOT LOCATION Conservatives Are Fighting Mad Holy smokes! The Legalize Marijuana Party drew a coveted spot on the November ballot in Burlington County for its candidate for Congress, and the Conservative Party is breathing fire. The conservatives filed suit against the county for putting them in the extreme right column of the ballot, not column three -- next to the big boys, the Democrats and Republicans -- where they have usually gone. That slot went to the pot advocates. The county, the Clerk's Office and a handful of independent candidates say the Conservatives have no special claim on the favored spot. There was a drawing and the positions were awarded fair and square. In addition, there is some question, they say, whether the Conservative Party is a party at all. Yesterday, everybody went to court in Mt. Holly to settle the matter. For two hours, interested parties made their cases before Burlington County Assignment Judge Harold Wells. Wells has vowed to settle the matter by tomorrow or Thursday, so the county can print sample ballots. "We feel we belong in the third column, because we look most like the Democrats and Republicans," said Norman Wahner, the Conservative Party's congressional candidate. "We are not interfering with the process." He argued that Camden and Gloucester counties, also part of the 1st Congressional District, routinely award the Conservative Party that space, but in Burlington it got column six. The issue is confined to Burlington County, since ballots in Camden and Gloucester have gone to press. Edward Forchion is the candidate for the marijuana party. Wiley Fuller, the candidate for the African Republican Party, was present to answer a separate complaint that his party has no right to include the word Republican in its name. The county cites municipal statutes and a state Supreme court decision to prove it awarded spots fairly and legally. The clerk's office only wants to do what the law says, said county Elections Clerk Bruce White. "In my time, this has never been an issue," said County Solicitor Evan Crook. The conservatives argue that the law does not dictate their placement after the independents, since they are a recognized political party. The independents get on the ballot by petition. The law says the recognized political parties get the first two columns on the ballot. The independents then get their placement by random drawing. Wells' ruling may have an impact on how ballots are prepared across the state. It may also leave open the chance for other candidates to contest their ballot placement. ©1998 Philadelphia Newspapers Inc. - --- Checked-by: Richard Lake